Lagos court sentences man to death for murder over dispute involving woman

‎Lagos State High Court sitting in Ikeja has convicted Justice Odey for the murder of 35-year-old Benedict Agara.

He was found to have fatally stabbed the deceased during a fight reportedly sparked by a dispute over a woman identified as Amina.

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‎According to the prosecution, the incident occurred on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate, Lagos, where Odey allegedly attacked Agara with a broken bottle, inflicting multiple stab wounds to his hand, stomach and other parts of his body. Agara later died from the injuries he sustained.

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‎Delivering judgment on Thursday in Suit No. LD/17040C/2021, Justice Modupe Nicol-Clay sentenced Odey to death by hanging after finding him guilty of murder contrary to Section 222 of the Criminal Law of Lagos State, 2015.

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‎During the trial, the prosecution, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, called a single witness, ASP Mariam Ibrahim, the investigating police officer, and tendered six exhibits in support of its case.

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‎In her judgment, Justice Nicol-Clay held that the prosecution had successfully established all the essential elements of the offence beyond a reasonable doubt, stressing that the burden of proof in criminal cases remains with the prosecution throughout the proceedings, except in limited circumstances provided by law.

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‎”The burden of proof remains on the prosecution throughout; it does not shift to the accused person, except in limited circumstances,” the judge held.

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‎The court noted that the offence of murder could be proved through direct evidence, circumstantial evidence or a voluntary confessional statement made by the accused.

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‎Justice Nicol-Clay dismissed the defence’s contention that the testimony of the investigating police officer amounted to hearsay, ruling that evidence given by an investigating officer based on findings made during the course of an investigation is legally admissible.

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‎”The oral evidence of an IPO is not hearsay, contrary to the assertion of the convict’s counsel. It is the direct evidence of the investigation, and the same is admissible and can be used to convict an accused person,” she ruled.

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‎The court also rejected the argument that the prosecution failed to produce medical evidence establishing the cause of death.

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‎According to the judge, while medical evidence is desirable in murder trials, it is not mandatory where there is sufficient evidence clearly showing the circumstances surrounding the victim’s death.

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‎”Medical evidence, though desirable in establishing the cause of death in a case of murder, is not always essential where the victim dies in circumstances in which there is abundant evidence of the manner of death,” she said.

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‎Although there was no eyewitness who directly saw Odey stab the deceased, the judge held that the circumstantial evidence presented before the court overwhelmingly linked him to the crime.

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‎”There is no eyewitness account of a person who saw Odey stabbing the deceased; however, there is strong circumstantial evidence from the convict, putting him as the only person who fought and injured the deceased on the day of the incident,” Justice Nicol-Clay stated.

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‎She further ruled that the evidence before the court clearly established that Odey’s unlawful actions directly caused Agara’s death.

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‎”There is sufficient proof that the unlawful act of the convict caused the death of the deceased. The evidence before the Court unequivocally and unmistakably showed that no other person but Odey was responsible for the death of the deceased,” the judge added.

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‎On the confessional statement allegedly made by Odey, the court declined to rely on it, holding that it was obtained in violation of legal requirements.

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‎Justice Nicol-Clay ruled that any confessional statement not recorded on video or obtained in the presence of a legal practitioner is inadmissible in evidence.

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‎”Any confessional statement obtained without video recording or in the presence of a lawyer is inadmissible. I find myself unable to attach any weight to the confessional statement,” she held.

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‎Having found that the prosecution proved its case beyond reasonable doubt, the court convicted Odey of murder and imposed the mandatory sentence of death by hanging.

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‎The case stemmed from an altercation between Odey and Agara over a woman identified as Amina, which escalated into a physical confrontation during which Agara sustained fatal injuries.

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